Midgley v Regina: CACD 11 Jul 2014

The defendant appealed against convictions for indecency with a child, saying there was new evidence. The jury had enquired as to the absence of evidence from a particular witness.
Held: The new evidence from the witness was heard. Though helpfu it was not conclusive, and in any ecent: ‘ the Judge gave the conventional direction that they should confine their consideration to the evidence which they heard and should not speculate about evidence that they had not heard. We do not consider that a Jury note of this kind should ordinarily give rise to an appeal based on an application to call the evidence to which the Jury question is directed.’
Even so, the sentence was excessive for an historical offence and was reduced accordingly.

Gross LJ, Simon, Burnett JJ
[2014] EWCA Crim 1421
Bailii
Sexual Offences Act 1956 1491)
England and Wales

Crime

Updated: 16 December 2021; Ref: scu.534113